§ 13-1 OBSTRUCTION BY OBJECTS.

   (A)   No brick, stone, wood or other substances obstructing the free passage of persons or vehicles shall be placed or permitted to lie on sidewalks of the city in business districts. Decorative planters, benches and other such items may be placed on sidewalks in business districts, provided they do not interfere with the normal passage of pedestrians. Business owners or operators may only place such items directly in front of their own place of business and express written permission of the property owner for the planting, placing or erecting of such items shall accompany the request.

   (B)   Such items may not project into any street, alleyway or other thoroughfare in any way that would impede normal traffic flow, interfere with parking or cause sight obstruction. Persons planting, placing or erecting approved items on public sidewalks are responsible for the maintenance and upkeep of these items. Any items placed must be properly maintained for both safety and appearance. Benches must be kept painted and in proper order. Planters must contain live blooming or green plants which are kept neat and attractive in appearance. Planters must be kept free of trash and rubbish. Any benches or planters which become damaged must be repaired or removed. Items which are not properly maintained, or which may cause a safety or health hazard, shall be ordered removed from the sidewalks. Any person erecting a building may, with permission, place building material for immediate use on the streets in such a way as to not interfere with the normal passage of vehicles and pedestrians.

   (C)   The Planning and Inspections Director shall review all plans for planting, placing or erecting such items. No such items shall be planted, placed or erected before the receipt of a permit.

   (D)   If, upon inspection, the Director shall determine that such items are in violation of these provisions, the items shall be immediately removed either by the business or property owner or by the city if they cause unsafe situations. Otherwise, the items shall be removed within seven days of written notice of the violation. If the items are not removed by the business or property owner, the city will remove them and the costs for such removal shall be assessed to the business and property owner.

   (E)   In addition to any remedies hereinbefore specifically authorized by this section, the provisions of this section may be enforced by the city by any appropriate legal remedy authorized by § 1-16 of the Eden City Code. Violations of this section may be punished by civil penalty in the amount of $100 for each violation which penalty shall be enforced as provided by § 1-16.2 of the City Code which remedy shall be non-exclusive.

(1989 Code, § 13-1) (Am. Ord. passed 1-18-05) Penalty, see §§ 1-16 et seq.

Statutory reference:

   Placing glass, etc., on road prohibited, see G.S. § 136-91

§ 13-2 OBSTRUCTION BY CROWDS.

   All persons are forbidden from assembling or collecting and standing so as to obstruct any sidewalk or street, and all persons so collecting and standing shall disperse and move upon the demand of any police officer.

(1989 Code, § 13-2) Penalty, see §§ 1-16 et seq.

Statutory reference:

   Obstructing streets prohibited, see G.S. § 136-90

§ 13-3 PLAYING BALL IN STREET OR SIDEWALK PROHIBITED.

   No person shall play ball or bat or catch balls on any of the streets or sidewalks of the city.

(1989 Code, § 13-3) Penalty, see §§ 1-16 et seq.

§ 13-4 OBSTRUCTING OR DAMAGING DRAINAGEWAYS PROHIBITED.

   (A)   It shall be unlawful for any person to obstruct or cause to be obstructed the free flow of water in, over, along, upon or through any drainage ditch, street gutter, culvert or other drainageway in any public street or other public way or other natural drainage course within the city limits by depositing any trash, refuse, tree or shrubbery trimmings, building material scraps or other matter therein.

   (B)   It shall be unlawful for any person to dump or deposit or cause any gasoline, fuel oil, naphtha or other flammable liquid, any liquid wastes containing a toxic or poisonous substance or any lubricating oil, grease or detergent to drain into any drainage ditch, street gutter, culvert or other drainageway in any public street or other public way or other natural drainage course within the city limits.

(1989 Code, § 13-4) Penalty, see §§ 1-16 et seq.

Statutory reference:

   Obstructing street drains prohibited, see G.S. § 136-92

§ 13-5 DEPOSITING TRASH, REFUSE PROHIBITED.

   (A)   It shall be unlawful for any person to dump, drop, throw or otherwise deposit upon any street or sidewalk any scrap paper, bottles, cans, glass, rags, feathers, dirt, rocks, gravel, sand, building material scraps, tree and shrubbery trimmings, liquid wastes, lubricating or fuel oil, flammable or combustible wastes or any other trash, refuse or other debris.

   (B)   Any person violating this section shall be guilty of a misdemeanor and shall be fined not more than $500, or imprisoned for not more than 30 days.

   (C)   The maximum fine for a violation of this section is greater than $50 as authorized by G.S. § 14-4(a).

(1989 Code, § 13-5) (Am. Ord. passed 12-23-91)

§ 13-6 DISTRIBUTING AND POSTING HANDBILLS AND POSTERS PROHIBITED.

   It shall be unlawful for any person to:

   (A)   Place any posters, circulars, notices or other advertising matter in cars standing or parked on the streets; or

   (B)   Tack, paste or otherwise attach such material to telephone poles, electric light poles or any building situated in the city.

(1989 Code, § 13-6) Penalty, see §§ 1-16 et seq.

§ 13-7 DAMAGING BRIDGES, CULVERTS PROHIBITED.

   No person shall injure or move any part of any bridge, culvert, ditch, drain or other property belonging to or used by the city.

(1989 Code, § 13-7)